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AB-1730 Legislative Transparency Act.(2011-2012)

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AB1730:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1730


Introduced  by  Assembly Member Olsen

February 16, 2012


An act to add Sections 9131.1, 9518, 82037.5, and 84203.1 to the Government Code, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


AB 1730, as amended, Olsen. Legislative Transparency Act.
Existing law requires the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee to annually prepare a report to the public of all expenditures made from the operating fund subject to their direction and control, including a list of expenditures for each Member and committee of the Legislature, as prescribed.
This bill would require the Assembly Committee on Rules and, the Senate Committee on Rules, and the Joint Rules Committee, as appropriate, to provide to each Member of the Assembly and Senate, repectively, a monthly report of that Member’s office budget and committee budgets, as specified. The bill would require each Member of the Legislature to publish the monthly budget report on the Member’s Internet Web site or legislative committee Internet Web site, as specified.
Existing provisions of the California Constitution provide for the manner in which the Legislature may pass a bill, and authorize the Legislature to adopt rules for its proceedings.
This bill would prohibit either house of the Legislature from taking a vote on any bill until the bill, in its present form, has been made available to the public on an Internet Web site for at least 72 hours, unless the house dispenses with this requirement by a 2/3 vote.
The Political Reform Act of 1974 imposes various reporting and disclosure requirements on contributions made to or by candidates and candidate-controlled committees.
This bill would require a Member of the Legislature or a controlled committee of a Member of the Legislature that receives a legislative deadline contribution to report that contribution within 24 hours, as prescribed. The bill would define “legislative deadline contribution” to mean a contribution of $100 or more that is made to a Member of the Legislature or a controlled committee of a Member of the Legislature within the 7 days prior to specified legislative deadlines for a regular session of the Legislature.
Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties.
By creating additional crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters.
This bill would require the Secretary of State to submit the provisions of the bill that would amend the Political Reform Act of 1974 to the voters for approval at a statewide election, as specified.
Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known and may be cited as the Legislative Transparency Act.

SEC. 2.

 Section 9131.1 is added to the Government Code, to read:

9131.1.
 (a) The Assembly Committee on Rules and, the Senate Committee on Rules, and the Joint Rules Committee, as appropriate, shall provide to each Member of the Assembly and Senate, respectively, a monthly report of that Member’s office budget. The monthly budget report shall include all allocations and expenditures, including caucus allocations, travel expenses, office rent, and staff salaries. The monthly budget report for a Member who is a chairperson of a legislative committee shall also include any allocations and expenditures relating to that committee, identified in a manner that permits the Member to report those allocations and expenditures as required in subdivision (c).
(b) Each Member of the Legislature shall publish the monthly budget report provided to him or her pursuant to subdivision (a) on the Member’s Internet Web site.
(c) Each Member of the Legislature who is a chairperson of a legislative committee shall publish a monthly report, using the information included in the report provided to him or her pursuant to subdivision (a), that identifies allocations and expenditures for that committee on the Internet Web site for that committee.

SEC. 3.

 Section 9518 is added to the Government Code, to read:

9518.
 No vote shall be taken in either house of the Legislature on a bill until that bill, in its present form, has been made available to the public on an Internet Web site for at least 72 hours, unless the house dispenses with this requirement by a roll call vote entered in the journal, two-thirds of the membership concurring.

SEC. 4.

 Section 82037.5 is added to the Government Code, to read:

82037.5.
 “Legislative deadline contribution” means a contribution of one hundred dollars ($100) or more that is made to a Member of the Legislature or a controlled committee of a Member of the Legislature within the seven days prior to any of the following legislative deadlines for a regular session of the Legislature:
(a) The June 15 deadline to pass a Budget Bill pursuant to Section 12 of Article IV of the California Constitution.
(b) Any deadline imposed by the California Constitution, a statute, or the Joint Rules of the Senate and Assembly for the passage of a bill by the house in which the bill was introduced.
(c) Any date specified by the California Constitution, a statute, or the Joint Rules of the Senate and Assembly by when the Legislature is required to adjourn for a joint recess in an odd-numbered year to reconvene in an even-numbered year or the date for the Legislature to adjourn sine die in an even-numbered year.

SEC. 5.

 Section 84203.1 is added to the Government Code, to read:

84203.1.
 (a) Each Member of the Legislature or controlled committee of a Member of the Legislature that receives a legislative deadline contribution shall report the legislative deadline contribution to each office with which the Member or committee is required to file its next campaign statement pursuant to Section 84215. The recipient of the legislative deadline contribution shall report his or her full name and street address, the date and amount of the legislative deadline contribution, and whether the contribution was made in the form of a loan. The recipient shall also report the full name of the contributor, his or her street address, his or her occupation, and the name of his or her employer or, if self-employed, the name of the business.
(b) A legislative deadline contribution shall be reported by facsimile transmission, guaranteed overnight delivery, or personal delivery, or, if permitted, by electronic transmission, within 24 hours of the time it is received. The report to the Secretary of State shall be by online or electronic transmission only. A legislative deadline contribution shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section.
(c) A legislative deadline contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated, or deposited, and is returned to the contributor within 24 hours of its receipt.
(d) A report filed pursuant to this section shall be in addition to any other campaign statement required to be filed by this chapter.

SEC. 6.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 7.

The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the duties imposed on a local agency or school district by this act were expressly included in a ballot measure approved by the voters in a statewide election, within the meaning of Section 17556 of the Government Code.

SEC. 7.

 The Secretary of State shall, pursuant to subdivision (b) of Section 81012 of the Government Code, submit Sections 4 and 5 of this act to the voters for approval at a statewide election in accordance with Section 9040 of the Elections Code.